2018 (4) TMI 596

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....ocate for appellant Shri MP Damle, Assistant Commissioner (AR) for respondent Appellants, Shri Vidyadhar Balkrishna Wakode and Shri Balkrishna Ramkrishna Wakode, are in the business of providing services of promoting holiday options designed by M/s Pancard Clubs Limited, known popularly as 'Magic Holidays', enabling customers to hedge against further increases in prices by pre-booking holida....

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....he penalties under section 70 and 77. Aggrieved by this, the appellants are before the Tribunal seeking relief. 2. Appellants claim that the demand for tax computed in the show cause notice had already been discharged by them after obtaining registration. In computing their liability, it is their claim that, as they had not collected tax from their principal, the benefit of 'cum-tax' should be ....

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....rst summons was issued to them much after discharge of tax liability. By no stretch of imagination, can it be considered that the appellant was subject to any investigation at that point of time. For invoking the provisions of section 73(4) of Finance Act, 1994, the existence of ingredients enumerated therein should be justifiably evidenced. Considering the initial reach of the investigations and ....